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LIMITED & ABSOLUTE DIVORCE

Nov 15, 2024 | Divorce

In Maryland, there are two types of divorce: absolute divorce and limited divorce, each serving distinct purposes. Absolute divorce is a permanent and final dissolution of marriage, allowing individuals to remarry. During these proceedings, the court resolves issues such as alimony, child custody, child support, and property division. To obtain an absolute divorce, specific legal grounds must be met. These include adultery, desertion for 12 months, living separately for 12 months without interruption, a felony or misdemeanor conviction with a sentence of 3 or more years (and at least 12 months served), permanent insanity requiring institutionalization for over three years, cruel treatment, or mutual consent. Mutual consent, introduced in 2015, allows couples without minor children and with agreed-upon terms for alimony and property division to finalize their divorce without fault or prolonged separation.

Limited divorce, on the other hand, is a court-supervised separation for couples who lack the grounds for absolute divorce or cannot privately resolve their differences. While living apart, spouses cannot remarry, and sexual relations outside the marriage are considered adultery. Grounds for limited divorce include cruelty, desertion, or separation. The court may establish terms for child custody, child support, spousal support, and property division on a temporary or permanent basis. A limited divorce can be revoked if both parties agree to reconciliation.

Divorce can be a challenging and emotional process with lasting implications for families. Consulting an experienced Maryland divorce lawyer is essential to navigate the complexities of the legal system, ensure your rights are protected, and make informed decisions for the future. The Burton Firm offers compassionate and skilled legal support to help clients through this difficult time.

PARENTAL ALIENATION MARYLAND

Nov 1, 2024 | Family Law

Parental Alienation in Maryland occurs when one parent manipulates a child to harbor unwarranted negative feelings, fear, or hostility toward the other parent or family members, often during a divorce or separation. This manipulation can be subtle or overt, involving repeated comments or actions that paint the other parent in a negative light. While sometimes parental alienation can stem from innocent off-hand remarks, intentional manipulation to gain an advantage in custody or to hurt the other parent is damaging and illegal.

Such alienation can deeply impact a child’s emotional well-being, as their young minds are especially vulnerable to stress and influence. It’s crucial to differentiate between accidental and deliberate alienation, as both can affect children. If intentional alienation is suspected, it is essential to seek legal help immediately to protect the child. The Burton Firm’s Maryland family law attorneys are experienced in identifying and addressing parental alienation to help safeguard the child’s emotional health and uphold parental rights.

Adultery & Divorce in Maryland

Oct 15, 2024 | Divorce

Most people feel a sense of sadness when something comes to an end. Whether it was good or bad, there is still that feeling of loss and we’re sad to see it go. When it’s a marriage that is coming to an end, families are affected and that feeling of loss is magnified. When that end comes about because of adultery, the pain and sorrow can be unbearable for some, and in Maryland, proven adultery as a ground for divorce will affect the amount of alimony you pay/receive, and the amount of time you get to spend with your children post-divorce.

JUDGMENT ENFORCEMENT

Oct 1, 2024 | Child Support

Non-payment of child support in Maryland has serious legal and financial consequences, including license suspension, wage garnishment, and property liens. While parents can sometimes work together to address payment issues, legal intervention is often necessary to modify or enforce support orders.

At The Burton Firm, our knowledgeable attorneys provide personalized assistance to help clients navigate child support enforcement. From modifying orders to resolving penalties, we are here to protect your rights and ensure fair outcomes.

WHAT IS A WIFE ENTITLED TO IN A DIVORCE IN MARYLAND

Sep 15, 2024 | Divorce

In a Maryland divorce, a wife may be entitled to a fair share of marital property through equitable distribution, alimony, and child support if applicable. Marital property includes assets acquired during the marriage, while non-marital property, such as assets obtained before marriage or inheritances, is typically excluded. Alimony may be awarded based on factors like the length of the marriage, financial needs, and the ability of each spouse to support themselves. Child custody and support are determined in the best interest of the child, and retirement benefits may also be divided. The court’s goal is to ensure fairness based on the unique circumstances of each case.

UNMARRIED COHABITANTS BENEFITS

Sep 1, 2024 | Family Law

In Maryland, married couples, whether same-sex or opposite-sex, receive full legal benefits. However, for unmarried cohabitants, benefits depend on specific laws and situations. If an unmarried cohabitant dies due to a work-related injury, the surviving partner may receive workers’ compensation benefits if they can prove dependency on the deceased. These benefits can include unpaid disability compensation if designated in the deceased’s will or compensation for death occurring within seven years of the injury. Maryland law generally does not grant death benefits to unmarried cohabitants under federal statutes or the Social Security Act. In terms of automobile insurance, coverage for unmarried cohabitants depends on the specific terms of the policy, such as whether it includes a “household exclusion” clause or extends coverage to household members. However, unmarried cohabitants can be named as beneficiaries on life insurance policies.”

WHAT HAPPENS IN A CHILD IN NEED OF ASSISTANCE (CINA) CASE?

Aug 15, 2024 | CINA

When a child is removed from their home due to concerns of abuse, neglect, or other serious issues, the Department of Social Services files a petition alleging the parents are unable or unwilling to provide proper care. The court then holds a Shelter Care Hearing to decide whether the child should remain in temporary out-of-home placement. Following this, an Adjudicatory Hearing determines if the allegations are true. If the child is found to be in need of assistance (CINA), the court may return the child to the parents, place the child under supervision, order services or assessments, or place the child in foster care or with a relative. Permanency planning hearings are held every six months to establish the best long-term solution for the child.

DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

Aug 1, 2024 | Divorce

According to Maryland state law, the division of marital property in the case of divorce must be equitable, meaning it must be fair, not necessarily equal. Some couples are able to come to an agreement about how everything should be divided without legal intervention, and are able to submit an agreement for court approval. Others need the help of a divorce attorney in Maryland or mediators to assist in the negotiation of a settlement.

MARYLAND CHILD SUPPORT

Jul 15, 2024 | Child Support

Child support in Maryland is designed to ensure that every child in the state receives adequate financial support, whether the parents are legally separated, divorced, or if they never married in the first place. Support generally takes the form of payments from the noncustodial parent to the custodial parent. The custodial parent is defined as the parent who provides the majority of the care to the child, and this means that the parent who has been awarded a greater share of custody in divorce proceedings, will generally be the one receiving the support payments. Child support payments typically continue until the child turns 18, but may continue until the child finishes high school if they have not graduated by the time they turn 18. In some instances, the court may determine that the child requires support longer, usually in cases involving disability. Support payments can only end prior to age 18 if the child emancipates themselves, joins the military prior to turning 18, marries and leaves the custodial household, or if the parents agreed to a different time period in their marital settlement agreement. Child support should be taken very seriously and it is important to consult with a Maryland family law attorney about your legal rights.

CHILD CUSTODY INTERSTATE JURISDICTION ISSUES

Jul 1, 2024 | Child Custody

Although the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA) was designed to resolve any complexities between states, if you find yourself in the middle of an interstate child custody dispute, contact an experienced Maryland family law attorney who can help you.

If the parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute. The UCCJEA is the law that spells out the rules for whether a state’s courts can legally decide a child custody or placement case for any given child. It also explains how custody or visitation orders issued by a court in one state can be enforced by the courts of another state. “Jurisdiction” is the power or right of a court to decide a case and to make orders that can legally be enforced against a particular person or people.

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